SECOND DIVISION
[G.R. No. 257701. June 13, 2022.]
LARRY DE OCAMPO y PANLAQUI, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedJune 13, 2022 which reads as follows:
"G.R. No. 257701 (Larry De Ocampo y Panlaqui v. People of the Philippines). — This Court resolves a Petition for Review on Certiorari1 assailing the Decision 2 dated December 15, 2020 and the Resolution 3 dated October 19, 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 41136, which affirmed with modification the Judgment 4 dated April 28, 2017 of the Regional Trial Court of Santa Cruz, Laguna, Branch 28, (RTC) convicting petitioner Larry De Ocampo y Panlaqui of the crime of homicide.
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the CA committed any reversible error as to warrant the exercise of the Court's appellate jurisdiction. As correctly ruled by the CA, all the elements of homicide under Article 249 of the Revised Penal Code were proven by the prosecution, warranting the affirmance of the Judgment of the RTC convicting petitioner.
Nevertheless, we modify the award of damages. In People v. Jugueta, 5 "other crimes that resulted in the death of a victim and the penalty consists of divisible penalties, like homicide" 6 where the crime was consummated, the award of moral damages is mandatory without need of allegation, and proof other than the death of the victim. Thus, in addition to the civil indemnity and temperate damages awarded by the CA, we grant the amount of P50,000.00 as moral damages to the heirs of the victim. Also, interest at the legal rate of 6% per annum is imposed on all the monetary awards for damages from date of finality of this Resolution until full payment. AIDSTE
FOR THESE REASONS, the petition is DENIED. The Decision of the Court of Appeals dated December 15, 2020 and the Resolution dated October 19, 2021 in CA-G.R. CR No. 41136, are AFFIRMED with MODIFICATION. Petitioner LARRY DE OCAMPO y PANLAQUI is found guilty of Homicide and is sentenced to suffer an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. Also, petitioner is ordered to pay the heirs of the victim P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate damages, which shall all earn interest at the rate of 6% per annum from the date of finality of this Resolution until fully paid, as well as costs of suit.
The Court further resolves to GRANT petitioner's motion for extension of thirty (30) days from the expiration of the reglementary period within which to file a petition for review on certiorari.
SO ORDERED." (Lazaro-Javier, J., on official leave.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Rollo, pp. 11-30.
2. Id. at 36-47. Penned by Associate Justice Maria Elisa Sempio Dy with the concurrence of Associate Justices Mariflor P. Punzalan Castillo and Carlito B. Calpatura.
3. Id. at 49-52.
4. Id. at 70-75. Penned by Presiding Judge Iluminado M. Dela Peña.
5. 783 Phil. 806 (2016).
6. Id. at 846.